Annual Report 2017

Regulatory environment

Regulatory issues pending and completed in 2017

List of legal acts affecting the Group
Legal act Purpose of changes Opportunities Threats
The Water Law Act of 20 July 2017 Implementation of the Water Framework Directive requirements in respect to the principles of water management.
  • Strive to (i) keep the current exemptions from new energy installation charges, or (ii) their significant reduction based on fair pricing arrangements during consultations and meetings; (iii) lack of fees or the rates should be statutory rather than based on a governmental regulation.
  • Rationalization and stimulation of investments in the area of water management in Poland. Implementation of the Framework Water Directive to the Polish legal system
  • Possible technical and organizational difficulties with implementing the act (measurement devices, developing contacts with the new water administration authority, i.e. Polish Water).
Capacity Market Act of 8 December 2017* Ensuring support for implementation of investment projects that increase the stability and security of the National Power System.
  • Ensures long-term energy security of Poland
  • Effect of incentives to build new and modernize existing generation installations. Modernization and construction of new electricity sources to stabilize the National Power System and utilize Polish resources of energy fuels.
  • Ensuring the possibility of executing the construction of the new Ostrołęka C power plant on market terms.
  • Risk that the Act may be notified for the second time to the EC following the entry into force of the so-called Winter Package and the need to implement new requirements of EU law in this act.
  • No guarantee that the beneficiaries of the capacity auctions for 2018-2019 will retain acquired rights.
Electromobility and Alternative Fuels Act of 11 January 2018* Creation of the legal framework for the implementation of the government electromobility and alternative fuel infrastructure development programs
  • Opportunity for dynamic growth of the electromobility business (cars, municipal transport, access infrastructure) in which the Energa SA Group has considerable experience
  • Competition with entities that have well-developed technological and capital resources. The pace of implementation of the legal changes is slow.
*Asterisk marks the acts where the legislative process was formally completed in early 2018 (signed by the President and published in the Journal of Laws) but the content of these Acts did not change.

Regulatory issues in progress in 2017 and continuing in 2018

List of legal acts affecting the Group
Legal act Purpose of changes Opportunities Threats
Clean Energy for All Europeans legislative proposals, so-called Winter Package. COM/2016/0860 final Maintenance of EU’s competitiveness in the period of transformation of energy markets towards clean energy, the so-called Winter Package. Plans to reduce coal subsidies, to increase the energy efficiency target to 30% and to reduce CO2 emissions by 40% before 2030. The new regulations require approval by the EU Council and the European Parliament. The Winter Package also contains solutions that support the development of decentralized electricity production and its storage to develop “civic energy”. The important change for the energy markets in the EU is the abolishment of the “priority dispatch”, i.e. priority of access to the grid for RES before conventional sources. The amendment will come into effect after 2020.
  • Implementation of consistent regulations to improve EU’s energy security
  • Establishment of a Modernization Fund will enable financing of renewable energy production projects (such as the Lower Vistula Cascade)
  • Risk that the Act may be notified for the second time to the EC following the entry into force of the so-called Winter Package and the need to implement new requirements of EU law in this act.
  • No guarantee that the beneficiaries of the capacity auctions for 2018-2019 will retain acquired rights.
Work on amendments to the Energy Law Act Change of the rules of financing street lighting in Poland.
  • Implementation of consistent principles of financing street lighting. Definition of the rules on the development of lighting assets.
  • Absence of changes will result in the continuation of different rules of cooperation in different parts of Poland. Risk that lighting assets may be communalized by local government units.
Government’s bill to amend the RES Act and Certain Other Acts Ensuring good regulatory and business environment for: property tax payable on Wind Power Plants and the possibility of developing RES with the assumption of higher profitability.
  • Clarification of ambiguous provisions (inconsistent jurisprudence of Voivodship Courts of Administration) regarding the taxation of wind power plants. Development of RES with the possibility of the investments being based on financing mechanisms that ensure profitability of the projects.
  • Protruded proceedings on this legislation. Possible collision with EU legislation, among others the Winter Package.
Government’s bill to amend the Financial Instruments Trading Act and Certain Other Acts The bill concerns the changes that need to be introduced to the national legal system in connection with the entry into force of European capital market regulations and will enable the application of EU regulations concerning markets in financial instruments (MiFID2 Directive and MiFIR Regulation). The new solutions are designed to increase the competitiveness and efficiency of financial markets in Poland and the European Union and to increase safety of their participants.
  • Possibility of developing sales of new products.
  • (2) Achievement of competitive advantage through rapid implementation of EU legislation.
  • Protruded proceedings on this legislation.

See also